What relationships qualify for privileged communications and how is "privilege" defined? |
No statutory privilege for communications between a rape crisis counselor and a sexual assault victim. However, there is statutory protection regarding the disclosure of certain information pertaining to a victim (i.e. residential address, telephone number or place of employment), except to the extent that disclosure is of the site of the crime, is required by law or the Rules of Criminal Procedure, is necessary for law-enforcement purposes, or is permitted by the court for good cause. 11 Del. C. § 9403 |
Anything else I should know? |
- There does not appear to be any judicial or common law privilege for communication between a rape crisis counselor and a sexual assault victim.
- Social workers have privileged communications with their clients. 24 Del. C. § 3913
- A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional condition, including alcohol or drug addiction, among the patient, the patient's mental health provider, physician or psychotherapist, and persons who are participating in the diagnosis or treatment under the direction of the mental health provider, physician or psychotherapist, including members of the patient's family. Exceptions to this privilege:
- Proceedings for hospitalization: There is no privilege under this rule for a communication relevant to an issue in proceedings to hospitalize the patient for mental illness;
- Examination by order of court: There is no privilege under this rule for a communication made in the course of a court-ordered investigation or examination of the physical, mental or emotional condition of the patient;
- Condition an element of claim or defense: There is no privilege under this rule for a communication relevant to an issue of the physical, mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of the patient’s claim or defense;
- Commission of crime or fraud: There is no privilege under this rule for a communication if the services of the mental health provider, physician or psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit what the patient knew, or reasonably should have known, was a crime or fraud or mental or physical injury to the patient or another individual;
- Danger to self or others: There is no privilege under this rule for a communication in which the patient has expressed an intent to engage in conduct likely to result in imminent death or serious physical injury to the patient or another individual;
- Breach of duty: There is no privilege under this rule for a communication relevant to a breach of duty by the mental health provider, physician or psychotherapist; or
- Appointment of guardian; child abuse cases: There is no privilege under this rule for a communication relevant to a proceeding brought under 12 Del. C. 3901 for the appointment of a guardian or under 16 Del. C., Chapter 9 for child abuse and neglect cases.
D.R.E. 503
- A court may not compel a victim or witness or a member of the victim's or witness's family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record unless the court finds that disclosure of the information is necessary. 11 Del. C. 9403(b)
- The victim's address, place of employment and telephone number and any witness's identity, address, place of employment and telephone number, maintained by a court, prosecutor or law-enforcement agency pursuant to this chapter is exempt from disclosure under the Freedom of Information Act [Chapter 100 of Title 29]. 11 Del. C. 9403(c)
- An exception to this section is whenever a “peace officer” as defined in § 1901 of this title or an “emergency-care provider” as defined in § 2503A of Title 16 alerts a school district or charter school about the presence of a minor child or a child that has reached the age of 18 that continues to be enrolled in high school that has been identified at the scene of a traumatic event. The peace officer or emergency-care provider may only release the student's name directly to the school district or charter school and state that the student was present at the scene of a traumatic event. 11 Del. C. § 9403(d)
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